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H.R. 4042, Community Bank Mortgage Servicing Asset Capital Requirements Study Act of 2014 1 (September 12, 2014)

handle is hein.congrec/cbo1895 and id is 1 raw text is: CONGRESSIONAL BUDGET OFFICE
COST ESTIMATE
September 12, 2014
H.R. 4042
Community Bank Mortgage Servicing Asset
Capital Requirements Study Act of 2014
As ordered reported by the House Committee on Financial Services on July 30, 2014
H.R. 4042 would direct the three federal banking agencies-the Federal Reserve, the
Office of the Comptroller of the Currency, and the Federal Deposit Insurance
Corporation--to study the capital requirements for mortgage servicing assets (MSAs).
Recent changes to those requirements, which took effect in 2014, also would be
suspended for up to nine months after enactment.
Pay-as-you-go procedures apply because enacting H.R. 4042 could affect direct spending
and revenues; however, CBO estimates that enacting the legislation would have no
significant net effect on the federal budget over the next 10 years.
Banks often sell mortgages in the secondary market while retaining the right to service
the loans. Depending on the estimated market value of the servicing contract, a bank may
record an asset on its balance sheet. MSAs are treated differently from other assets when
calculating regulatory capital (that isthe amount used to determine whether a bank is
meeting its capital requirements.)
H.R. 4042 would direct the federal banking agencies to jointly study MSAs, including
their risk to insured depository institutions, their history, their valuation, and the potential
effect of capital requirements on the mortgage servicing business. They would have to
report to the Congress on their findings within six months of enactment. The legislation
also would suspend recent changes to the capital requirements related to MSAs until
three months after the report is issued. That delay would apply to all banks that are not
global systemically important banks as identified by the Financial Stability Oversight
Council.
The legislation would temporarily increase the regulatory capital of some banks by
including additional MSAs as capital. That increase could delay the corrective action or
closure of a bank, potentially increasing the cost of resolution if it was to ultimately fail.
However, for a number of reasons-the brief duration of the delay, the low ratio of
MSAs to total assets, the relatively low number of projected bank failures over the next

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